경매절차에서 임차권등기권자의 지위

Abstract

The lease registration command system which about 15 years have passed since adoption was adopted to the purport of assuring return of a security deposit for lease at the close of lease, as well as enjoying the freedom of residential mobility and the freedom of business removal while the lessee does not lose opposability and a right to preferential repayment. Accordingly, the main objects of the lease registration command are for security functions which may cause a security deposit for lease to be returned to the lessee through maintenance of a right to preferential repayment. In case of leasehold rights registered under the Civil Act which perform security functions as described above, auction may be claimed based on registration of such leasehold rights. Notwithstanding such fact, a registered holder of lease rights under the lease registration command may not claim for auction without separate authority of execution. This is contrary to the benefits of the lessee who desires to collect a security deposit earlier. Therefore, it is urged to prepare improvement measures conforming to the tenor of the lease registration command system such as grant of a right to claim for auction to a registered holder of lease rights, etc.